< All Topics

D. Interruption

1. INTERRUPTION IN ACQUISITIVE PRESCRIPTION

a. Concept

Possession is interrupted for the purposes of prescription, naturally or civilly. (Article 1120, Civil Code)

1) Natural interruption

Possession is naturally interrupted when through any cause it should cease for more than one year.(Article 1121, Ibid.)

The old possession is not revived if a new possession should be exercised by the same adverse claimant.(Paragraph 2, Article 1121, Ibid.)

If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the prescription. (Article 1122, Ibid.)

2) Civil interruption

Civil interruption is produced by judicial summons to the possessor. (Article 1123, Ibid.)

Judicial summons shall be deemed not to have been issued and shall not give rise to interruption:

1) If it should be void for lack of legal solemnities;

2) If the plaintiff should desist from the complaint or should allow the proceedings to lapse;

3) If the possessor should be absolved from the complaint.(Article 1124, Ibid.)

In all these cases, the period of the interruption shall be counted for the prescription. (Paragraph 2, Article 1121, Ibid.)

3) Recognition

Any express or tacit recognition which the possessor may make of the owner’s right also interrupts possession. (Article 1125, Ibid.)

2. INTERRUPTION IN EXTINCTIVE PRESCRIPTION

The prescription of actions is interrupted when they are filed before the court, when there is a written extrajudicial demand by the creditors, and when there is any written acknowledgment of the debt by the debtor. (Article 1155, Ibid.)

Previous C. Prescription or Limitation of Actions
Table of Contents